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General Orders 700's > 700-09 Photograph and Lineup Identification Procedures > Flashcards

700-09 Photograph and Lineup Identification Procedures Flashcards

1
Q

Administrator.

A

The employee charged with presenting the photo spread, live lineup, video lineup, or show-up to the witness.

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2
Q

Blinded Administrator.

A

An administrator who may know the identity of the suspect, but does not know the suspect’s position in the photo spread, live lineup, or video lineup.

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3
Q

Double-Blind Administrator.

A

An administrator who knows neither the suspect’s identity nor the suspect’s position in the photo spread, live lineup, or video lineup.

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4
Q

Fillers.

A

The photographs used in a photo spread or the individuals used in a live lineup or video lineup whose race, sex, age, height, weight, hair style, and general appearance resemble the suspect

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5
Q

Folder Method.

A

A photo spread within a folder or envelope that is given to the administrator for presentation to the witness.

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6
Q

Live Lineup.

A

Also referred to as a lineup. The presentation of individuals to a witness for the purpose of identifying and eliminating suspects.

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7
Q

Mock Lineup.

A

A lineup procedure that is conducted without the presence of witnesses. The lineup is video recorded so that it can be shown to a witness at a later time.

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8
Q

Photo Spread.

A

Also referred to as a photo lineup. A collection of photographs including a suspect photograph and filler photographs that are placed in random order and shown to a witness for the purpose of identifying and eliminating suspects.

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9
Q

Sequential Viewing.

A

An identification procedure in which photo spread photographs or lineup participants are shown one at a time to a witness. All photographs or lineup participants are shown to the witness even if an identification is made before all individuals are viewed.

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10
Q

Show-up.

A

The presentation of a suspect to a witness within two hours following the commission of a crime for the purpose of identifying and eliminating suspects.

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11
Q

Simultaneous Viewing.

A

An identification procedure in which photo spread photographs or lineup participants are shown all at once to a witness.

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12
Q

Video Lineup.

A

A video recording of either a live lineup or a mock lineup.

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13
Q

Viewing.

A

The viewing of a photo spread, live lineup, video lineup, or show-up by a witness.

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14
Q

ADMONISHMENTS TO WITNESSES
Prior to a viewing for any photo spread, live lineup, video lineup, or show-up the administrator shall ____.

Prior to a viewing for any photo spread, live lineup, or video lineup, the administrator shall also have each witness complete the ____

In addition to the above, prior to any photo spread viewing, the administrator shall admonish each witness to ____

A

1) review the below admonishments with each witness
2) Witness Admonishment form.
3) remain in a position so that no one else including the administrator can see the photo spread

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15
Q

PROCEDURES FOR A PHOTO SPREAD {PHOTO LINEUP)

Other than the assigned investigator or designee, all officers shall obtain authorization from the ____ prior to conducting a photo spread viewing.

A

concerned investigative division

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16
Q

Photo Spread Composition

A photo spread should contain the suspect’s photograph plus a minimum of ____, whose
race, sex, age, height, weight, hair style, and general appearance resemble the suspect.

Officers shall create a consistent appearance between the suspect and the fillers with respect
to any unique or unusual feature (e.g., scars, tattoos, facial hair) used to describe the perpetrator by ____

A

1) five fillers

2) artificially adding or concealing that feature.

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17
Q

Photo Spread Composition

Officers shall avoid using fillers who…

If possible, all photographs should be of the same type. No photograph type should stand out from the others and the photographs should be ____.

A

1) so closely resemble the suspect that a person familiar with the suspect might find it difficult to distinguish the suspect from the fillers.
2) reasonably contemporary

18
Q

Photo Spread Composition

The identity or identifying numbers (e.g., TDL, HPD, or SID) of all filler photographs shall be
known. If adequate identifiable fillers cannot be found, only a _____ may authorize the use of a photo spread that contains unknown filler photographs.

A

shift commander of the concerned investigative division

19
Q

Photo Spread Composition

The officer creating the photo spread shall use the same photographs to produce as many
additional photo spreads as needed for multiple witnesses. The photographs in each photo
spread shall be shuffled to ____.

Once assembled using the ____ method, the photo spread shall be given to an administrator
to be presented to the witness.

A

1) minimize the chances of the suspect’s photograph being in the same position in subsequent photo spreads
2) folder

20
Q

Photo Spread Composition

Photo spreads involving juvenile suspects are composed and conducted in the same manner as for adults. However, access to the _____ application is limited. Officers needing assistance with a juvenile photo spread should contact the Juvenile Crimes Unit of the Juvenile Division.

A

Juvenile Database within the DataWorks Plus

21
Q

Photo Spread Viewing

The viewing of a photo spread may be ____

A

video or audio recorded.

22
Q

Photo Spread Viewing

Photo spreads may be presented as either a ____ viewing or a ____ viewing.

A photo spread shall be shown to a witness by a double-blind administrator using the ____method.

If the identity of the suspect is widely known such that a double-blind administrator cannot be located, then a ____ shall present the photo spread. Officers shall document in the incident report the justification for not utilizing a double-blind administrator.

A

1) simultaneous
2) sequential
3) folder
4) blinded administrator

23
Q

Photo Spread Viewing

The administrator shall be in a position so that the administrator cannot ____.

Prior to the viewing, the administrator shall ____each witness

The administrator shall not make suggestive statements or gestures that may ____.

A

1) see the photographs while the witness views the photo spread
2) admonish
3) influence the judgment or perception of the witness

24
Q

Photo Spread Viewing

Each witness shall be presented the photo spread ____. The administrator shall instruct witnesses not to speak to or otherwise communicate with each other regarding the viewing.

Employees shall not provide any feedback regarding the ____

A

1) outside the presence of the other witnesses

2) viewing results to the witness.

25
Q

Photo Spread Viewing

Following the viewing, the administrator shall ask the witnesses about their observations individually and outside the presence of the other witnesses. Each witness shall be asked if ____

Whether or not a witness answers in the affirmative, the witnesses shall be asked to describe in their own words ____.

A

1) any individual can be identified.

2) how confident they are of the identification or lack thereof

26
Q

Photo Spread Viewing

If a photo spread viewing results in a positive identification by a witness, the witness shall be
asked to ____in a manner that shall not be seen by subsequent witnesses.

A

sign the photo spread or an acknowledgment confirming the results of the viewing

27
Q

Photo Spread Viewing

All ____ shall be maintained as part of the case file.

A

photo spreads

28
Q

PROCEDURES FOR A LIVE LINEUP AND MOCK LINEUP
Rights of a Suspect

A suspect has the right to be represented by an attorney at a live lineup to be viewed by a witness in the case in which ____. The suspect may waive the right to counsel by signing a written waiver.

If a suspect in the above situation does not waive the right to counsel and he or she already has an attorney, the suspect shall be given ____ so that the attorney can attend the viewing.

If a suspect in the above situation does not waive the right to counsel and he or she is not represented by an attorney, officers shall contact the ____ to allow the court to appoint an attorney prior to the live lineup viewing.

A

1) the suspect is charged
2) sufficient notice of the live lineup time and location
3) District Attorney’s Office

29
Q

PROCEDURES FOR A LIVE LINEUP AND MOCK LINEUP
Rights of a Suspect

An investigator does not have a legal obligation to provide an attorney for a suspect in a live lineup under either of the following circumstances:

a. The suspect is not ____
b. The suspect was arrested on a ____

A

1) charged with committing a crime in the case involving a witness viewing the live lineup.
2) probable cause warrant (a.k.a. pocket warrant) and is placed in a live lineup.

30
Q

PROCEDURES FOR A LIVE LINEUP AND MOCK LINEUP
Rights of a Suspect

An investigator does not have a legal obligation to provide an attorney for a suspect in a mock lineup for ____.

Even if an investigator does not have a legal obligation to provide an attorney for a suspect, the
suspect may still be allowed to make arrangements to have an attorney present for the ____.

A suspect shall be given the option of arranging the order of individuals participating in the live
lineup or mock lineup, including his or her position in the ____

A

1) video recording purposes
2) live lineup or mock lineup
3) live lineup or mock lineup

31
Q

Live Lineup and Mock Lineup Composition

A live lineup or mock lineup should contain the suspect plus a minimum of ___ fillers, whose
race, sex, age, height, weight, hair style, and general appearance resemble the suspect.
Officers shall create a ____ between the suspect and the fillers with respect to any unique or unusual feature (e.g., scars, tattoos, facial hair) used to describe the perpetrator by artificially adding or concealing that feature.

Officers shall avoid using fillers who so closely resemble the suspect that a person familiar with
the suspect ____.

A

1) four
2) consistent appearance
3) might find it difficult to distinguish the suspect from the fillers

32
Q

Live Lineup and Mock Lineup Viewing

Live lineups or mock lineups may be presented as either a ____ or a ____.

Live lineups shall be conducted by a double-blind administrator.

If the identity of the suspect is widely known such that a double-blind administrator cannot be located, then a ____ shall present the live lineup. Officers shall document in the incident report the justification for not utilizing a double-blind administrator.

A

1) simultaneous viewing
2) sequential viewing
3) blinded administrator

33
Q

Live Lineup and Mock Lineup Viewing

Any instructions to the participants in a live lineup or mock lineup shall be given by ____

The participants in a live lineup or mock lineup may be asked to speak, repeat certain words, walk, turn, or make a gesture. Any conduct, gesture, or spoken words asked of one participant shall be ____

A

1) a single administrator.

2) asked of each participant of the live lineup or mock lineup.

34
Q

Live Lineup and Mock Lineup Viewing

Any objections to the procedure by the suspect’s attorney or any changes that were made as a
result of an objection shall be ____

Employees shall not ____ regarding the viewing results to the witness.

A

1) documented in the incident report.

2) provide any feedback

35
Q

Live Lineup and Mock Lineup Viewing

Following the viewing, the assigned investigator or designee shall ask the witnesses about their
observations ____

Each witness shall be asked if any individual can be identified. Whether or not a witness answers in the affirmative, the witnesses shall be asked ____.

A

1) individually and outside the presence of the other witnesses.
2) to describe in their own words how confident they are of the identification or lack thereof

36
Q

Live Lineup and Mock Lineup Viewing

If a live lineup viewing results in a positive identification by a witness, the witness shall be
asked to _____.

Whether a viewing results in a positive or negative identification by a witness, the _____shall be documented in the incident report.

A

1) sign an acknowledgment confirming the results in a manner that shall not be seen by subsequent witnesses
2) administrator’s and investigators’ observations including any statements, gestures, or reactions by the witness

37
Q

Live Lineup and Mock Lineup Viewing

A juvenile may appear in a physical lineup for the purpose of identification. Due to a number of
regulations and limitations, a juvenile lineup should only be considered ____. A juvenile lineup shall only be coordinated by the Juvenile Division.

A

under the most exigent circumstances

38
Q

PROCEDURES FOR A SHOW-UP (1/3)

Due to the inherent suggestiveness of show-ups, this practice shall be avoided whenever
possible in preference for the use of a photo spread, live lineup, or video lineup. However, if a
show-up is utilized, the following procedures and restrictions must be followed:

a. A show-up shall not be used more than ___ hours following the commission of the crime.
b. The same suspect shall not be presented to the ____.
c. Show-up suspects shall not be required to put on clothing worn by the perpetrator, to speak words uttered by the perpetrator, or to ___
d. Prior to the viewing, the administrator shall ___

A

1) two
2) same witness more than once
3) perform other actions of the perpetrator.
4) admonish each witness

39
Q

PROCEDURES FOR A SHOW-UP (2/3)

Due to the inherent suggestiveness of show-ups, this practice shall be avoided whenever
possible in preference for the use of a photo spread, live lineup, or video lineup. However, if a
show-up is utilized, the following procedures and restrictions must be followed:

e. The administrator shall not make ___

f. Multiple witnesses shall each be presented the suspect outside the presence of the other
witnesses. Suspects shall be ___.

g. If multiple witnesses are involved in a show-up procedure, the show-up procedure shall end ____. The contact information of all remaining
witnesses shall be documented so a different identification procedure (i.e., photo spread,
live lineup, or video lineup) can be subsequently conducted.

A

1) suggestive statements or gestures that may influence the judgment or perception of the witness.
2) presented individually to the witness and not as a group
3) once a witness positively identifies a suspect

40
Q

PROCEDURES FOR A SHOW-UP (3/3)

Due to the inherent suggestiveness of show-ups, this practice shall be avoided whenever
possible in preference for the use of a photo spread, live lineup, or video lineup. However, if a
show-up is utilized, the following procedures and restrictions must be followed:

h. The administrator shall not ____
i. Following each viewing, the administrator shall ask the witness about his or her observations individually and outside the presence of the other witnesses. Each witness shall be asked if any individual can be identified. Whether or not a witness answers in the affirmative, the witnesses shall be asked to ____

j. Whether a viewing results in a positive or negative identification by a witness, the administrator’s observations including any statements, gestures, or reactions by the witness
shall be ____

A

1) provide any feedback regarding the viewing results to the witness.
2) describe in their own words how confident they are of the identification or lack thereof.
3) documented in the incident report.

41
Q

SINGLE WITNESS IDENTIFICATIONS

Situations may arise in which there is only a single witness who identifies a suspect and there is no corroborating evidence to link the identified suspect to the crime committed.

All ____ must be investigated in an effort to ____ the single witness’s identification of the suspect. Reviewing supervisors shall ensure these procedures are followed and documented in the incident report.

A

1) reasonable and practical leads

2) corroborate or refute

42
Q

TRAINING

Each ____ shall ensure their personnel receive training in the procedures outlined in this General Order.

A

division commander

General Orders 700's (3 decks)

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